N. L. R. B. v. DOUGLAS COUNTY ELECTRIC MEMBERSHIP CORP.

No. 22484.

358 F.2d 125 (1966)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DOUGLAS COUNTY ELECTRIC MEMBERSHIP CORPORATION, Respondent.

United States Court of Appeals Fifth Circuit.

March 22, 1966.


Attorney(s) appearing for the Case

Gary Green, Atty., N. L. R. B., Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Elliott C. Lichtman, Atty., N. L. R. B., Washington, D. C., for petitioner.

Alexander E. Wilson, Jr., Alexander E. Wilson, III, Atlanta, Ga., Robert J. Noland, Douglasville, Ga., Wilson, Branch, Barwick & Vandiver, Atlanta, Ga., for respondent.

Before BROWN and COLEMAN, Circuit Judges, and GARZA, District Judge.


JOHN R. BROWN, Circuit Judge:

Another of a growing list1 of cases where the § 8(a) (5) failure to bargain is the vehicle for testing the validity of an RC Representation Proceeding, this one presents two questions. One is the substantive problem of the Employer's right to challenge an election because of known, but unauthorized pre-election pro-union campaigning by supervisors. The other, more troublesome, is a procedural one relating...

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